Your Boston Workers' Comp Lawyer

Benefits Available in a Workers’ Comp Claim

If you’ve suffered a workplace injury or illness, knowing how much workers’ comp pays can be confusing. While every case is different, injured workers are typically entitled to the following benefits under Massachusetts law:

Medical Benefits

Employees who experience a work-related injury or illness are entitled to payment of all medical expenses required for the treatment of their condition. This can include doctor’s visits, medication, surgeries, hospital stays, wheelchairs or other necessary equipment, and more.

Without these important benefits, injured workers could be forced to pay their medical expenses out of pocket. If your employer’s insurance company doesn’t want to pay for these necessary expenses, you may need the help of a Boston workers’ compensation lawyer.

Disability Benefits

The Massachusetts workers’ comp system may also provide for the payment of disability benefits should your injury or illness limit or prevent your ability to work. Massachusetts provides several types of incapacity and specific-injury benefits depending on whether the employee can work, how the injury affects their earnings, and whether the condition causes a permanent loss.

Death Benefits

If the unimaginable happens and your loved one dies from a work-related injury or illness, you may be entitled to death benefits under the workers’ compensation system. These benefits are intended to aid the spouse, children, or other related financial dependents of the deceased worker. Funeral expenses may also be covered.

The amount and duration of benefits depend on the employee’s wages, work capacity, medical condition, and applicable legal limits.

Want to know more? Check out our articles, “How Much Does Workers’ Comp Pay” and “Everything You Need to Know About Permanent and Partial Disability Benefits,” then get in touch with an attorney from our office to find out which benefits apply to your unique workers’ comp case.

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What Should You Do If Your Massachusetts Workers’ Comp Claim Is Denied?

A workers’ compensation denial isn’t necessarily the end of your case. The insurer should send you a written notice identifying its reason for refusing benefits. Claims may be denied because the insurer disputes whether the condition is work-related, questions the medical evidence, challenges the employee’s eligibility, or believes required information is missing.

Review the denial notice promptly with a lawyer and preserve your medical records, accident reports, wage information, and correspondence. The reason given by the insurer will help determine what evidence is needed to challenge the decision.

You may be able to file a claim with the Massachusetts Department of Industrial Accidents (DIA) and pursue the matter through its dispute-resolution process. Some deadlines can be short. Read more about how to appeal a denied workers’ comp claim in Massachusetts, or review common reasons workers’ comp claims are denied.

A Boston workers’ compensation lawyer can review the denial, gather supporting evidence, submit the required claim documents, and represent you before the DIA.

Claim denied? Jim Glaser knows how insurers challenge workplace injuries—and what evidence may help move a disputed claim forward. Contact our office for a free case review.

Workers’ Comp Claim vs. Work Injury Lawsuit

In most cases, you cannot sue for a work injury. Generally, you’re restricted to the benefits you receive through workers’ compensation, which means you’re not able to sue for non-economic damages like pain and suffering. If your employer intentionally caused an injury or didn’t carry workers’ compensation insurance and you were injured, be sure to contact the Boston injury attorneys at Jim Glaser Law to share the unique aspects of your case. Jimmy Knows!® how to help.

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Can You Sue Someone Other Than Your Employer for a Work Injury?

Workers’ compensation generally limits an employee’s ability to sue their employer. However, you may have a separate third-party injury claim if someone outside your employer—such as a negligent driver, subcontractor, property owner, or equipment manufacturer—caused the injury.

A third-party claim may provide damages that workers’ compensation doesn’t, but any recovery can affect the workers’ compensation case. Learn more about who you can sue for a work injury in Massachusetts, or ask Jim Glaser Law to evaluate whether both claims may be available.

How Long Do I Have to File a Third-Party Lawsuit for a Work Injury?

If your work injury was caused by someone other than your employer or a coworker, you might have the right to file a third-party lawsuit. In Massachusetts, the statute of limitations for these cases is typically 3 years from the date of injury. It’s important to consult with a knowledgeable attorney to ensure all deadlines are met and your rights are protected. For more information, contact Jim Glaser Law to discuss your specific situation.